[Federal Register Volume 65, Number 242 (Friday, December 15, 2000)]
[Rules and Regulations]
[Pages 78407-78409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31775]


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FEDERAL TRADE COMMISSION

16 CFR Part 0


Rules of Practice

AGENCY: Federal Trade Commission (FTC).

ACTION: Final rule amendments.

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SUMMARY: The Commission is updating and making other technical 
corrections and changes to the agency's description of its organization 
and activities in Part 0 of its Rules of Practice.

EFFECTIVE DATE: December 15, 2000.

FOR FURTHER INFORMATION CONTACT: Alex Tang, Attorney, Office of General 
Counsel, FTC, 600 Pennsylvania Avenue, NW, Washington, DC 20580, (202) 
326-2447, [email protected].

SUPPLEMENTARY INFORMATION: The Commission is amending Part 0 of its 
Rules of Practice, 16 CFR Part 0, to update and make other technical 
clarifications, corrections, and changes to the description of the 
agency's organization and activities.
    Rule 0.2, 16 CFR 0.2 (official address): The Commission is amending 
this rule to include the address of the Commission's Web site, 
www.ftc.gov.
    Rule 0.4, 16 CFR 0.4 (laws administered): The Commission is adding 
more recent statutes to the list of laws that the FTC enforces or 
administers and correcting certain other omissions and citations.
    Rule 0.7, 16 CFR 0.7 (delegation of functions): The Commission is 
revising this rule to note the Commission's discretionary authority to 
review delegated matters upon its own initiative or upon petition, as 
provided in section 1(b) of Reorganization Plan No. 4 of 1961. Relevant 
procedures and standards for matters subject to Commission review are 
already set forth elsewhere in the Commission's Rules of Practice. See, 
e.g., 16 CFR 4.2, 4.3.
    Rule 0.9, 16 CFR 0.9 (organizational structure): The Commission is 
making a conforming amendment to include the Office of Inspector 
General. See also infra discussion of Rule 0.13.
    Rule 0.10, 16 CFR 0.10 (Office of the Executive Director): The 
Commission is amending this description to reflect changes in the 
organization and responsibilities of the Executive Director's office.
    Rule 0.11, 16 CFR 0.11 (Office of the General Counsel): The 
Commission is amending this description to revise and update the 
description of the Office's functions and activities, which include 
ethics, as well as FOIA and Privacy Act functions now consolidated in 
this office. See 63 FR 45643 (Aug. 26, 1998).
    Rule 0.12, 16 CFR 0.12 (Office of the Secretary): The Commission is 
revising this description to note the Secretary's role in the legal 
publication of the agency's Federal Register notices and the reporting 
of its official decisions, which was previously included in the 
description for the Office of Executive Director.
    Rule 0.13, 16 CFR 0.13 (Office of the Inspector General): The 
Commission is adding a description of the Office of Inspector General, 
which was previously omitted.
    Rule 0.14, 16 CFR 0.14 (Office of the Administrative Law Judges): 
The Commission is amending this description to clarify that the 
functions performed by Administrative Law Judges are not limited to 
fact-finding but also include initial rulings on conclusions of law.
    Rule 0.16, 16 CFR 0.16 (Bureau of Competition): The Commission is 
revising this description to note the

[[Page 78408]]

Bureau's educational, advisory, and international assistance 
activities.
    Rule 0.17, 16 CFR 0.17 (Bureau of Consumer Protection): The 
Commission is revising this description to reflect the previous 
transfer of the agency's public ``reading room'' operations to this 
Bureau, complementing the Bureau's other consumer and business 
education activities, and to include section 13(b) of the FTC Act among 
the remedial authorities cited in the description.
    Rule 0.19, 16 CFR 0.19 (regional offices): The Commission is 
amending paragraph (a) to revise and update the description of the 
Regional Offices' responsibilities.
    The Administrative Procedure Act does not require prior public 
notice and comment on these amendments because they relate solely to 
rules of agency, organization, procedure or practice. 5 U.S.C. 
553(b)(A). For this reason, the Regulatory Flexibility Act also does 
not require an initial or final regulatory flexibility analysis. See 5 
U.S.C. 603, 604.

List of Subjects in 16 CFR Part 0

    Organization and functions (Government agencies).

    For the reasons set forth in the preamble, the Federal Trade 
Commission amends Title 16, chapter I, subchapter A, of the Code of 
Federal Regulations, as follows:

SUBCHAPTER A--ORGANIZATION, PROCEDURES AND RULES OF PRACTICE

PART 0--ORGANIZATION

    1. Revise the authority for part 0 to read as follows:

    Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. 46(g).


    2. Amend Sec. 0.2 by adding the following sentence to the end of 
the section:


Sec. 0.2  Official address.

 * * * The Commission's Web site address is www.ftc.gov.

    3. Revise Sec. 0.4 to read as follows:


Sec. 0.4  Laws administered.

    The Commission exercises enforcement and administrative authority 
under the Federal Trade Commission Act (15 U.S.C. 41-58), Clayton Act 
(15 U.S.C. 12-27), Robinson-Patman Act (15 U.S.C. 13-13b, 21a), Webb-
Pomerene (Export Trade) Act (15 U.S.C. 61-66), Packers and Stockyards 
Act (7 U.S.C. 181-229), Wool Products Labeling Act of 1939 (15 U.S.C. 
68-68j), Lanham Trade-Mark Act (15 U.S.C. 1064), Fur Products Labeling 
Act (15 U.S.C. 69-69j), Textile Fiber Products Identification Act (15 
U.S.C. 70-70k), Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1331-1340), Fair Packaging and Labeling Act (15 U.S.C. 1451-
1461), Truth in Lending Act (15 U.S.C. 1601-1667f), Fair Credit 
Reporting Act (15 U.S.C. 1681-1681u), Fair Credit Billing Act (15 
U.S.C. 1666-1666j), Equal Credit Opportunity Act (15 U.S.C. 1691-
1691f), Fair Debt Collection Practices Act (15 U.S.C. 1692-1692o), 
Electronic Fund Transfer Act (15 U.S.C. 1693-1693r), Hobby Protection 
Act (15 U.S.C. 2101-2106), Magnuson-Moss Warranty--Federal Trade 
Commission Improvement Act (15 U.S.C. 2301-2312, 45-58), Energy Policy 
and Conservation Act (42 U.S.C. 6201-6422, 15 U.S.C. 2008), Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), Petroleum 
Marketing Practices Act (15 U.S.C. 2801-2841), Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (15 U.S.C. 4401-4408), Telephone 
Disclosure and Dispute Resolution Act of 1992 (15 U.S.C. 5701-5724), 
Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 
6101-6108), International Antitrust Enforcement Assistance Act of 1994 
(15 U.S.C. 46, 57b-1, 1311-1312, 6201 & note, 6202-6212), Credit Repair 
Organizations Act (15 U.S.C. 1679-1679j), Children's Online Privacy 
Protection Act (15 U.S.C. 6501-6506), Identity Theft Assumption and 
Deterrence Act of 1998 (18 U.S.C. 1028 note), Gramm-Leach-Bliley Act 
(15 U.S.C. 6801-6809), and other Federal statutes.

    4. Revise Sec. 0.7 to read as follows:


Sec. 0.7  Delegation of functions.

    The Commission, under the authority provided by Reorganization Plan 
No. 4 of 1961, may delegate, by published order or rule, certain of its 
functions to a division of the Commission, an individual Commissioner, 
an administrative law judge, or an employee or employee board, and 
retains a discretionary right to review such delegated action upon its 
own initiative or upon petition of a party to or an intervenor in such 
action.

    5. Revise Sec. 0.9 to read as follows:


Sec. 0.9  Organization structure.

    The Federal Trade Commission comprises the following principal 
units: Office of the Executive Director; Office of the General Counsel; 
Office of the Secretary; Office of the Inspector General; Office of 
Administrative Law Judges; Bureau of Competition; Bureau of Consumer 
Protection; Bureau of Economics; and the Regional Offices.

    6. Revise Sec. 0.10 to read as follows:


Sec. 0.10  Office of the Executive Director.

    The Executive Director, under the direction of the Chairman, is the 
chief operating official who develops and implements management and 
administrative policies, programs and directives for the Commission. 
The Executive Director works closely with the Bureaus on strategic 
planning and assessing the management and resource implications of any 
proposed action. In addition, the Executive Director manages the 
Commission's facilities and administrative services, financial 
management, information technology, and human resources.

    7. Revise Sec. 0.11 to read as follows:


Sec. 0.11  Office of the General Counsel.

    The General Counsel is the Commission's chief law officer and 
adviser, who renders necessary legal services to the Commission, 
represents the Commission in the Federal and State courts, advises the 
Commission and other agency officials and staff with respect to 
questions of law and policy, including advice with respect to 
legislative matters and ethics, and responds to requests and appeals 
filed under the Freedom of Information and Privacy Acts and to intra- 
and intergovernmental access requests.

    8. Revise Sec. 0.12 to read as follows:


Sec. 0.12  Office of the Secretary.

    The Secretary is responsible for the minutes of Commission meetings 
and is the legal custodian of the Commission's seal, property, papers, 
and records, including legal and public records. The Secretary, or in 
the Secretary's absence an Acting Secretary designated by the 
Commission, signs Commission orders and official correspondence. In 
addition, the Secretary is responsible for the publication of all 
Commission actions that appear in the Federal Register and for the 
publication of Federal Trade Commission Decisions.

    9. Add Sec. 0.13 to read as follows:


Sec. 0.13  Office of the Inspector General.

    The Office of Inspector General (OIG) was established within the 
Federal Trade Commission in 1989 as required by the Inspector General 
Act Amendments of 1988 (5 U.S.C. app. 3). The OIG promotes the economy, 
efficiency and effectiveness of FTC programs and operations. To this 
end, the OIG independently conducts audits and investigations to find 
and prevent fraud, waste, and abuse within the agency.

    10. Amend Sec. 0.14 by revising the first sentence to read as 
follows:

[[Page 78409]]

Sec. 0.14  Office of the Administrative Law Judges.

    Administrative law judges are officials to whom the Commission, in 
accordance with law, delegates the initial performance of statutory 
fact-finding functions and initial rulings on conclusions of law, to be 
exercised in conformity with Commission decisions and policy directives 
and with its Rules of Practice.
* * * * *
    11. Revise Sec. 0.16 to read as follows:


Sec. 0.16  Bureau of Competition.

    The Bureau is responsible for enforcing Federal antitrust and trade 
regulation laws under section 5 of the Federal Trade Commission Act, 
the Clayton Act, and a number of other special statutes that the 
Commission is charged with enforcing. The Bureau's work aims to 
preserve the free market system and assure the unfettered operation of 
the forces of supply and demand. Its activities seek to ensure price 
competition, quality products and services and efficient operation of 
the national economy. The Bureau carries out its responsibilities by 
investigating alleged law violations, and recommending to the 
Commission such further action as may be appropriate. Such action may 
include injunctive and other equitable relief in Federal district 
court, complaint and litigation before the agency's administrative law 
judges, formal nonadjudicative settlement of complaints, trade 
regulation rules, or reports. The Bureau also conducts compliance 
investigations and initiates proceedings for civil penalties to assure 
compliance with final Commission orders dealing with competition and 
trade restraint matters. The Bureau's activities also include business 
and consumer education and staff advice on competition laws and 
compliance, and liaison functions with respect to foreign antitrust and 
competition law enforcement agencies and organizations, including 
requests for international enforcement assistance.
    12. Revise Sec. 0.17 to read as follows:


Sec. 0.17  Bureau of Consumer Protection.

    The Bureau investigates unfair or deceptive acts or practices under 
section 5 of the Federal Trade Commission Act as well as potential 
violations of numerous special statutes which the Commission is charged 
with enforcing. It prosecutes before the agency's administrative law 
judges alleged violations of law after issuance of a complaint by the 
Commission or obtains through negotiation consented-to orders, which 
must be accepted and issued by the Commission. In consultation with the 
General Counsel, the Bureau may also seek injunctive or other equitable 
relief under section 13(b) of the Federal Trade Commission Act. The 
Bureau participates in trade regulation rulemaking proceedings under 
section 18(a)(1)(B) of the Federal Trade Commission Act and other 
rulemaking proceedings under statutory authority. It investigates 
compliance with final orders and trade regulation rules and seeks civil 
penalties or consumer redress for their violation, as well as 
injunctive and other equitable relief under section 13(b) of the Act. 
In addition, the Bureau seeks to educate both consumers and the 
business community about the laws it enforces, and to assist and 
cooperate with other state, local, foreign, and international agencies 
and organizations in consumer protection enforcement and regulatory 
matters. The Bureau also maintains the agency's public reference 
facilities, where the public may inspect and copy a current index of 
opinions, orders, statements of policy and interpretations, staff 
manuals and instructions that affect any member of the public, and 
other public records of the Commission.
    13. Amend Sec. 0.19 by revising paragraph (a) to read as follows:


Sec. 0.19  The Regional Offices.

    (a) These offices are investigatory arms of the Commission, and 
have responsibility for investigational, trial, compliance, and 
consumer educational activities as delegated by the Commission. They 
are under the general supervision of the Office of the Executive 
Director, and clear their activities through the appropriate operating 
Bureaus.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 00-31775 Filed 12-14-00; 8:45 am]
BILLING CODE 6750-01-P